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(영문) 대구지방법원 2016.07.21 2015고단5288
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On April 24, 2015, the Defendant was sentenced to a suspended sentence of one year for fraud at the Daegu District Court, which was sentenced to a suspended sentence of two years, and the judgment became final and conclusive on May 2, 2015.

[Criminal facts] The Defendant, at the “D” coffee shop located in Daegu North-gu, Daegu-gu, on February 2013, 2013, grants the victim E profits by making an investment in food materials distribution business.

It is now expected that funeral services will be well and more.

It is also one of them.

“A false statement” was made.

However, in fact, the defendant did not have any property other than the debt amount of 300 million won or more, and even if the defendant borrowed money from the damaged party, such as the defendant's borrowing of money from his branch or receiving investment, due to the lack of business funds, such as the price of goods or the price of approval from his customer, etc., the "F" of food materials distributors operated by the defendant, even though the defendant borrowed money from the damaged party, or did not have any intention or ability to pay the principal properly.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Agricultural Cooperative Account of the Defendant, KRW 15 million around March 6, 2013, KRW 5 million around July of the same month, KRW 10 million around November of the same month, and KRW 30 million in total to the Agricultural Cooperative Account of the Defendant.

The Defendant, from that time until October 30, 2013, received money from the injured party or used a credit card in the name of the injured party and did not pay the money, and acquired the total sum of KRW 258,536,536 through 16 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A complaint;

1. Details of account transactions, a certificate of borrowing, a motor vehicle registration ledger, a detailed statement of transaction, a detailed statement of member transactions, a business registration certificate, a verification certificate of payment of comprehensive income tax, and a detailed statement of each transaction;

1. Each investigation report (specific amount of damage inflicted on a benz lessee, adjustment of suspect list of crimes);

1. A previous conviction in judgment: A criminal history;

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